‘Ice’ possession charge vs ex-Sports and Rec exec dismissed

Superior Court Associate Judge Joseph N. Camacho has dismissed one count of possession of methamphetamine or “ice” and one count of possession of marijuana against former Division of Sports and Recreation deputy director John B. Reyes Jr.

Camacho, however, found probable cause to charge the 36-year-old Reyes with another count of possession of “ice.”

During a preliminary hearing last week, Camacho said he heard the testimony of the witness and found that there is no probable cause for count one of illegal possession of “ice” and one count of illegal possession of marijuana.

The judge dismissed the two charges without prejudice, meaning the prosecution is allowed to re-file the same charges in the future.

Camacho said the “ice” found on the windshield wiper handle on the steering wheel of a car is dismissed without prejudice because there were three other people in the car, and one was even seated on the driver’s seat where the items were found.

Camacho said the government failed to prove that the three other people did not possess the items that were found in the car.

Camacho said Department of Public Safety detective Jeffrey Norita, who testified and who was also at the scene, did not separate the three other occupants of the car.

Camacho said Reyes was seated at the right rear-passenger seat—the farthest place from the marijuana and “ice” that were found at the steering wheel and driver’s sun visor.

He noted that the detective failed to get any statements from the three other occupants that the marijuana and “ice” were present in the car before they entered, which would have strengthened the connection to Reyes as the owner of the car.

Camacho said the prosecutor makes the incorrect leap in logic that Reyes, as owner of the car, is automatically in possession of “ice” and marijuana.

Camacho said if Reyes was the only one in the car at the time the police came to the scene, the correlation between Reyes and the marijuana and the “ice” would be better established.

Instead, DPS failed to interview the three other people to determine if Reyes or any of the other three people possessed the “ice” and marijuana.

“This is particularly important because the 911 caller who reported ‘drug activity’ did not indicate who exactly was conducting the drug activity—was it one, some, or all of them?” he said.

Camacho said he also heard the testimony of the witness and found that there is no probable cause as to illegal possession of marijuana because the items were found on the driver’s sun visor side and Reyes was seated on the rear right passenger and that there were three other people in the car including one on the driver’s seat.

Arraignment will be today, Monday, at 9am.

Police said they recovered .4 gram of “ice” from Reyes’ pouch and another .4 gram of “ice” and one stick of marijuana from the car.

Police arrested Reyes for alleged possession of methamphetamine or “ice” and marijuana at a parking lot of a store in San Jose last Oct. 10.

According to a police report, Reyes’ three other companions were also arrested for illegal possession. It’s not clear whether a complaint will also be filed against the three. The complaint was filed only against Reyes.

Chief Prosecutor Brian Flaherty appeared for the government at the preliminary hearing. Assistant public defender Michael Sato served as counsel for Reyes.

Norita stated in the complaint that DPS dispatched two patrol officers to a reported possible drug activity in-progress involving a Toyota Lexus car with license plate ACH-868 parked at San Jose Mart in San Jose last Oct. 10 at 5:27pm.